Monday, January 7, 2008

Editorial: Their day in court

Opponents of a biodiesel plant will get the first of what they hope are many days in court Monday.

County officials hope it will be the one and only appearance and that a judge will toss out their lawsuit.

Iredell Neighbors for Rural Life and nearly two dozen individual plaintiffs have asked an Iredell Superior Court judge to void a decision made by the county commission to allow McLain Farms to produce biodiesel fuel on property that was rezoned by county commissioners from agricultural to manufacturing.

The plaintiffs say commissioners made several missteps during the rezoning process that should nullify their decision.

Furthermore, they contend the biodiesel plant and the large trucks that will transport the fuel out of the Snow Creek Road community are a danger, and that their presence will erode their quality of life and diminish nearby property values.

The county attorney has countered that the Neighbors group has no legal standing to sue, that those claims are unfounded and that any mistakes the county commission made were procedural in nature and the law does not provide for the relief the group is seeking.

This controversial issue has divided friends and neighbors for more than six months.

It’s best for all sides, especially taxpayers, if this court battle is as brief as possible.

Whatever the outcome, the plaintiffs and the defendants should respect the judge’s decision and move forward.

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